Last Change:

06/02/2025

Constitution of the Republic of Somaliland

Year: 2001

Type: Domestic law

Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

Description

The Constitution of the Republic of Somaliland, adopted in 2001 through a referendum, serves as the supreme law of Somaliland, outlining its governance structure, legal framework, and fundamental rights. It establishes Somaliland as a sovereign, democratic, and unitary state, with a presidential system that separates executive, legislative, and judicial powers. The constitution establishes fundamental rights and freedoms, including equality, freedom of expression, and rule of law, while emphasizing Islam as the state religion and the foundation of legislation. It also provides guidelines on citizenship, decentralization, and governance, reinforcing Somaliland’s commitment to self-rule and stability despite lacking international recognition.

Selected provisions
Article 5 - Religion

1. Islam is the religion of the Somaliland state, and the promotion of any religion in the territory of
Somaliland, other than Islam, is prohibited.
2. The laws of the nation shall be grounded on and shall not be contrary to Islamic Sharia.
3. The state shall promote religious tenets (religious affairs) and shall fulfil Sharia principles and
discourage immoral acts and reprehensible behaviour.
4. The calendar shall be the Islamic Calendar based on the hijra, and the Gregorian Calendar

Article 8 - Equality of Citizens

1. All citizens of Somaliland shall enjoy equal rights and obligations before the law, and shall not be accorded precedence on grounds of colour, clan, birth, language, gender, property, status, opinion etc.
2. Precedence and discrimination on grounds of ethnicity, clan affiliation, birth and residence is prohibited; and at the same time programmes aimed at eradicating long lasting bad practices shall
be a national obligation.
3. Save for the political rights reserved for citizens, foreigners lawfully resident in Somaliland shall enjoy rights and obligations before the law equal to those enjoyed by citizens.

Article 15.1 - Education, Youth and Sports

1. The state shall pay particular attention to the advancement, extension and dissemination of
knowledge and education as it recognises that education is the most appropriate investment that can
play a major role in political, economic and social development.

Article 15.7 - Education, Youth and Sports

The national policy is that primary education shall be free

Article 17.1 - Health

In order to fulfil a policy of promoting public health, the state shall have the duty to meet the country’s needs for equipment to combat communicable diseases, the provision of free medicine,
and the care of the public welfare.

2. The state shall be responsible for the promotion and the extension of healthcare and private health centres.

Article 19 - The Care of the Vulnerable of the Society

The state shall be responsible for the health, care, development and education of the mother, the child, the disabled who have no one to care for them, and the mentally handicapped persons who
are not able and have no one to care for them

Article 20 - Work, Trade, and the Welfare of Employees

1. All able citizens have a right and a duty to work. The state shall, therefore, be responsible for the creation of work and the facilitating of the skills training of employees.
2. The conditions of work of the young and women, night working and working establishments shall be regulated by the Labour Law.
3. All employees have a right to payment appropriate to the work they undertake, and are free to enter into agreements with their employers on an individual or collective basis. Forced labour is
prohibited.
4. The state shall endeavour to create understanding and clear rights between employees and employers and shall accordingly introduce a law (in this respect).
5. Sate employees and members of the armed forces shall be entitled remuneration for their duties
and to payments for sickness, injury, or disability in accordance with the law.
6. The state shall promote the support systems, insurance and safety of employees and shall
strengthen the relevant responsible bodies

Article 22 - Political, Economic, Social and Electoral Rights

1. Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution

Article 23.2 - Freedom of Movement and Association

The matters (rights) set out in Clause 1 of this Article are subject to any law which forbids the
movement to or settlement at specific places or during specific times.

Article 23.1 - Freedom of Movement and Association

Every person who is a citizen or lawfully resident in the country shall be free to move to or settle at any place of his choice, or leave or return to the country at will.

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